SPECTAL BOARD OF ADJUST14MT N0.
373
BROTHERHOOD OF MAZNTEIVANCE OF WAY EMPLOYES
and
UNION
PACIFIC RAILROAD COMPANY
STATEPQENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood that:
"(1) The Carrier violated the effective Agreement when it failed and
refused to reimburse Roadway Equipment Operator John C. Richardson
for expenses incurred while away from his outfit car during the
period from August
26
through August
31, 1956.
"(2)
Roadway Equipment Operator John C. Richardson be reimbursed
in the amount of
$28.70
for expenses incurred because of the
violation referred to in Part (1) of this claim."
FINDINGS
:
Special Board of Adjustment No.
313,
after giving the parties to this dispute
due notice of hearing thereon and upon the whole record and all the evidence, finds
and holds:
The carrier and employes involved in this dispute are respectively carrier and
employes within the meaning of the Railway Labor Act, as approved June
21, 1934.
This Board has jurisdiction over the dispute involved herein.
This claim is based upon several alleged facts, the first of which is an
assertion by J. F. Cullen, Local Chairman, in a letter dated November
17, 1956,
that claimant, John C. Richardson, billed his outfit car out of Idaho Falls on
August
30, 1956.
This fact is not supported by anything more than this one reference by Cullen except that it is repeated by C. R. Perry, General Chairman, in a
letter dated January
18, 1957.
The carrier denies having any knowledge of this, or of any request, verbal or
written, for movement of the outfit car until August
26.
The carrier claims that
the inquiries claimant made August
26
were not the proper procedure and that if he
had followed the proper procedure of applying to his supervisors at his then station, Salt Lake City, they may have been able to supply him with an outfit car.
We need not try to interpret any rules quoted by either side in the case,
because the first and most important fact on which the claim rests is cot established. There is no substantial evidence upon which we can find that claimant
billed out his outfit car on August
20,
or any other date. Neither claimant nor
- 2 - Award No.
13
(SBA No.
313)
anyone else shows anything that would tend to verify this. There is no record of
any kind. We do not even have the benefit of a statement from Richardson, the
claimant. We have no way of knowing whether he did or did not do this and if he
did, whether it was done properly.
The organization has not sustained the burden of proof.
The claim should be denied.
AWARD:
The claim is denied.
SPECIAL BOARD OF ADJUSMM N0.
313
(s) Marion Beatty
Marion Beatty, Chairman
(s) A. J. Cunningham
A. J. Cunningham, Organization Member
(s) A. D. Hanson
A. D. Hanson, Carrier Member
Omaha, Nebraska
November 21,
1960